Articles

06.19.15

Still Your Father's Oldsmobile? Stale Bank Holding Company 10-K Sup & Reg Section

It has been apparent for years that the common boilerplate Supervision and Regulation discussion in most bank holding company Form 10-K Annual Reports could be trimmed down and updated. Instead of rehashing longstanding banking laws and regulations, financial institutions should shed unnecessary ...


06.17.15

As-Is Deals May Not Be So As-Is

Owners of real property rely on "as-is" and "independent investigation" clauses in their real estate contracts and leases to shield them from litigation over mistaken or misinterpreted statements made in the course of negotiations. However, recent court decisions have called ...


06.05.15

An Examination of Fee-Splitting Statutes in the Context of Value-Based Health-Care

One of the goals of the Affordable Care Act is to align incentives among provider communities and their patients and partners. This effort to create communities of common interest with mutually beneficial incentives is now a key driver of many innovations in the health-care business environment.


06.04.15

FTC Signals Interest in Endorsements With Guidance Update

Back in October 2009, the Federal Trade Commission introduced a revised version of its "Guides Concerning the Use of Endorsements and Testimonials in Advertising." The key principle underlying the guides is that if a material connection exists between an endorser and a marketer that a consumer ...


06.02.15

Update on Regulation of Homeopathic Products: It's the FTC's Turn

On April 3, I reported in the IdeaXchange that the FDA was re-evaluating the way it regulates homeopathic drug products. Now, it is the Federal Trade Commission's turn.The FTC announced that on September 21 it will host a public workshop in Washington D.C. to examine advertising for ...


05.31.15

Protect the Vital Center

Last week brought a report from Fred Dicker in the New York Post that the well-funded anti-abortion Chiaroscuro Foundation was contemplating fomenting primaries against incumbent Republican state Senators on Long Island. This mirrored earlier rumors of Tea Party primaries next year against ...


05.20.15

5 Things to Know About Tenant Star

On April 30, 2015, President Barack Obama signed the Energy Efficiency Improvement Act of 2015 into law. In part, the Act empowers the Environmental Protection Agency and the Department of Energy to establish and implement a voluntary "Tenant Star" program aimed at promoting energy ...


05.19.15

Unleash Creative Planning Ideas for Clients With Pets

Many clients have pets. How many practitioners, however, routinely ask clients if they would like to include provisions for their pets in their estate planning documents? Some estate planners may laugh at this concept, but Americans are serious about their pets, and the pet industry itself is a ...


05.19.15

Fracking Is Not One-Size-Fits-All, Which Is Good News for California When It Comes to Water

Hydraulic fracturing, also known as "fracking," has come under scrutiny for its potential impacts on water, including the risks to water quality and the amount of water used in the practice. California's new regulations on petroleum well stimulation treatments are set to take effect on July 1, ...


05.14.15

No Cause for Concern

In recent years, charitable sales promotions have become an increasingly popular way for consumer products companies and brands to support charitable causes while, at the same time, differentiating themselves from competitors who sell similar products or services-not to mention their potential to ...